The pharmaceutical industry scored a big win on June 7 in the Texas Supreme Court. Not only did the court knock out a $3.6 million verdict against a Johnson & Johnson subsidiary that makes the drug Remicade, but it set a new, tougher standard in the state for bringing cases alleging failure-to-warn and fraud.
In the 55-page opinion, the court adopted the “learned intermediary” rule, holding that a prescription drug maker fulfills its duty to warn a patient of its product’s risks if it gives adequate warnings to the prescribing doctor. The decision brings Texas into line with at least 35 states whose highest courts also have endorsed this approach. The case was closely watched in the pharma community and beyond, attracting six amicus briefs, including filings from the Washington Legal Foundation, the Pacific Legal Foundation and the Product Liability Advisory Council.
